A child, the child's parents or custodian, or any other person in loco parentis of the child is entitled to representation by legal counsel at all stages of the proceedings under this chapter or Chapter 2152. of the Revised Code. If, as an indigent person, a party is unable to employ counsel, the party is entitled to have counsel provided for the person pursuant to Chapter 120. of the Revised Code except in civil matters in which the juvenile court is exercising jurisdiction pursuant to division (A)(2), (3), (9), (10), (11), (12), or (13); (B)(2), (3), (4), (5), or (6); (C); (D); or (F)(1) or (2) of section 2151.23 of the Revised Code. If a party appears without counsel, the court shall ascertain whether the party knows of the party's right to counsel and of the party's right to be provided with counsel if the party is an indigent person. The court may continue the case to enable a party to obtain counsel, to be represented by the county public defender or the joint county public defender, or to be appointed counsel upon request pursuant to Chapter 120. of the Revised Code. Counsel must be provided for a child not represented by the child's parent, guardian, or custodian. If the interests of two or more such parties conflict, separate counsel shall be provided for each of them.
Section 2935.14 of the Revised Code applies to any child taken into custody. The parents, custodian, or guardian of such child, and any attorney at law representing them or the child, shall be entitled to visit such child at any reasonable time, be present at any hearing involving the child, and be given reasonable notice of such hearing.
Any report or part thereof concerning such child, which is used in the hearing and is pertinent thereto, shall for good cause shown be made available to any attorney at law representing such child and to any attorney at law representing the parents, custodian, or guardian of such child, upon written request prior to any hearing involving such child.
Notes of Decisions
Cited in 246
cases (62 in the last 5 years), 1976–2026 · leading case: In re M.W., 2012 Ohio 4538 (Ohio 2012).
In re M.W., 2012 Ohio 4538 (Ohio 2012). · cites it 99ד352 means court proceedings, and in that context, a child is statutorily entitled to representation by legal counsel upon the filing of a complaint in juvenile court or upon initial appearance in the juvenile court. (No. 2011-0215—Submitted December 6, 2011—Decided October 3,…”
In re Williams, 101 Ohio St. 3d 398 (Ohio 2004). · cites it 18ד4(A) and R.C. 2151.352, requiring the appointment of counsel.”
In re C.S., 874 N.E.2d 1177 (Ohio 2007). · cites it 16דFirst, we address the meaning and effect of the portion of R.C. 2151.352 that states, “Counsel must be provided for a child not represented by the child’s parent, guardian, or custodian,” whether the right to counsel conferred on a juvenile can be waived, and, if so, what *274…”
State ex rel. Asberry v. Payne, 693 N.E.2d 794 (Ohio 1998). · cites it 23דOhio, through R.C. 2151.352, provides a statutory right to appointed counsel that goes beyond constitutional requirements.”
In re R.K. (Slip Opinion), 2018 Ohio 23 (Ohio 2018). · cites it 8ד] Termination of parental rights—R.C. 2151.352—When the state seeks to terminate a parent’s parental rights, the parent has the right to counsel—A parent cannot be deprived of the right to counsel at a permanent-custody hearing unless the juvenile court finds that the parent has…”
In Re Whaley, 620 N.E.2d 954 (Ohio Ct. App. 1993). · cites it 14ד4(A) and R.C. 2151.352. The rule grants indigent parents who are parties in a juvenile case the right to be represented by appointed counsel: “Right to counsel; when arises.”
In re W.W.E., 2016 Ohio 4552 (Ohio Ct. App. 2016). · cites it 7ד15AP-167 7 entered in violation of the Fourteenth Amendment of the United States Constitution, Article I, Sections 1 and 16 of the Ohio Constitution, R.C. 2151.352 and Juv.R. 4(A). [II.] The trial court erred in admitting at trial the Interstate Compact for the Placement of…”
In re C Child., 2023 Ohio 588 (Ohio Ct. App. 2023). · cites it 14ד352, titled “Right to counsel” provides “[a] child, the child’s parents or custodian, or any other person in loco parentis of the child is entitled to representation by legal counsel at all stages of the proceedings under this chapter * * * If, as an indigent person, a party is…”
In re Adoption of Y.E.F. (Slip Opinion), 2020 Ohio 6785 (Ohio 2020). · cites it 12דR.C. 2151.352 {¶ 13} R.C. 2151.352 provides, “A child, the child’s parents or custodian, or any other person in loco parentis of the child is entitled to representation by legal counsel at all stages of the proceedings under this chapter or Chapter 2152.”
In re Forbess, 2010 Ohio 2826 (Ohio Ct. App. 2010). · cites it 9דI THE TRIAL COURT VIOLATED NICHOLAS FORBESS’ RIGHT TO DUE PROCESS UNDER THE FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION, ARTICLE I, SECTION SIXTEEN OF THE OHIO CONSTITUTION, AND R.C. 2151.352 WHEN IT ADMITTED INTO EVIDENCE THE VIDEOTAPE OF NICHOLAS FORBESS’…”
In Re A.G., 2014 Ohio 2597 (Ohio 2014). · cites it 4דWilliams resolved a conflict regarding a child’s right to independent counsel, pursuant to R.C. 2151.352, in two different types of proceedings that both originated in the juvenile court: juvenile delinquency cases and proceedings to terminate parental rights.”
State v. Bode, 41 N.E.3d 1156 (Ohio 2015). · cites it 3ד352, in effect in 1992 at the time of Bode’s juvenile disposition, provided that a child “is entitled to representation by legal counsel at all stages of the proceedings and if, as an indigent person, he is unable to employ counsel, to have counsel provided for him.”
In Re Pachin, 552 N.E.2d 655 (Ohio Ct. App. 1988).
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